The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

Miroslaw Laguna ("Laguna") has moved (1) for leave to appeal in
forma pauperis and (2) for the appointment of counsel in
connection with his appeal from this Court's summary dismissal of
his petitions for habeas relief, by which he sought to avoid his
proposed removal from the United States in what he claims to have
been a violation of his rights. On September 29, 2004 this Court
issued its statement as to certificate of appealability,
explaining this Court's view as to why no such certificate should
issue (but also making clear that Laguna was free to seek such a
certificate from the Court of Appeals).

Although Laguna's affidavit that accompanies his motion for
leave to appeal in forma pauperis demonstrates that he qualifies
for such status from an economic point of view, the reasons that
this Court set out in its August 27, 2004 memorandum opinion and
order that rejected habeas relief essentially did so on the basis
that his petition was frivolous in the legal sense. That being so, this Court denies Laguna's motion seeking in forma pauperis
status (again without prejudice to his potential renewal of that
issue before the Court of Appeals).

As for the motion for appointment of counsel, here too Laguna
qualifies financially for such relief. But given the just-stated
ruling, that motion is denied as moot (again without prejudice to
its presentation to the Court of Appeals for consideration).

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